Hijab Ban- Supreme Court Hearing- DAY-5 Live Updates

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14 Sept 2022 10:52 AM IST

  • Hijab Ban- Supreme Court Hearing- DAY-5 Live Updates

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special...

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.

    A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special leave petitions which challenge the judgment of the Karnataka High Court dated March 15 which upheld the hijab ban.

    The SLPs have been filed against the judgment dated March 15 passed by the High Court of Karnataka, upholding Government Order dated 05.02.2022, which has effectively prohibited Petitioners, and other such female Muslim students from wearing the headscarf in their Pre-University Colleges. A Full Bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice JM Khazi held that wearing of hijab by women was not an essential religious practice of Islam. The Bench further held the prescription of uniform dress code in educational institutions was not violative of the fundamental rights of the petitioners.

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    Live Updates

    • 14 Sept 2022 3:07 PM IST

      Ahmadi : Assuming it is not strictly a religious right...your lordship gave the example of feta, in fact Sir Syed, Chimanlal Setalvad wore feta in court...

      Ahmadi : Assuming it is a cultural right, are we going to uphold a circular which says you will be denied education if you wear this dress? And so many woman are wearing so it is intrinsic to the culture.

    • 14 Sept 2022 3:06 PM IST

      Ahmadi says Article 29 is unique to India, says American constitution does not speak of cultural rights.

    • 14 Sept 2022 3:05 PM IST

      Ahmadi : Even if it is found Hijab is not an essential religious practice, it will be a cultural practice protected under Artilce 29(1). Article 29 cultural right is absolute.

      Ahmadi says Article 29 is unique to India, says American constitution does not speak of cultural rights.

    • 14 Sept 2022 3:03 PM IST

      Ahmadi reads testimonials of girls: The experience of being forced to remove the hijab was humiliating.

      Hijab wearing girls were harassed by Professors, they were teased by boys and were sent vulgar messages.

      Ahmadi reads testimonials of girls - they had been wearing hijab for a long time, and the suddenness of the decision came as a shock to them and disoriented them.

    • 14 Sept 2022 3:01 PM IST

      Ahmadi : The GO impinges on the dignity of a woman and her right to get education.

    • 14 Sept 2022 2:59 PM IST

      Ahmadi : Ignore the criticism, I am on the testimonies of the girls.

      Ahmadi referring to the PUCL report. 

    • 14 Sept 2022 2:58 PM IST

      Justice Gupta points out that the PUCL report starts with the title "critique of Karnataka HC judgment".

      "If the basis of the report is the criticism of the judgment, probably the basis is not right", J Gupta says.

      Ahmadi says he is on the testimonials of girls  

    • 14 Sept 2022 2:58 PM IST

      Justice Dhulia : This point was never argued.

      Ahmadi : May not be, I have a detailed report of PUCL regarding the impact of this decision.

      Ahmadi : It will spell a death a knell for their secular education. These are girl students have broken barriers.

    • 14 Sept 2022 2:57 PM IST

      Ahmadi : Is it not a common sensical fall out that if you don't allow hijab..

      Justice Dhulia : Is it your argument that the girls don't want to wear hijab and they are forced to?

      Ahmadi : No, the parents might say don't go to school go to madrassa.

    • 14 Sept 2022 2:51 PM IST

      Ahmadi : Is it not a common sensical fall out that if you don't allow hijab..

      Justice Dhulia : Is it your argument that the girls don't want to wear hijab and they are forced to?

      Ahmadi : No, the parents might say don't go to school go to madrassa.

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